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<br />All amounts received by Beneficiary pursuant to this Deed of Trust under any fire or other insurance
<br />policy, in connection with any condemnation for public use of or injury to such property, for injury or
<br />damage to such property or in connection with the transactions financed by the loan secured hereby are to be
<br />applied, at the option of Beneficiary upon any indebtedness secured hereby. No such application, use or
<br />release shall cure or waive any default, or notice of default, hereunder or invalidate any act done pursuant to
<br />such notice.
<br />11. Consent, Partial Reconveyance, etc.: That at any time, or from time to time, without liability
<br />therefor, and without notice, upon written request of Beneficiary, and without affecting the personal liability
<br />of any person for payment of the indebtedness secured hereby, or the lien of this Deed of Trust upon the
<br />remainder of such property for the full amount of the indebtedness then or thereafter secured hereby, or the
<br />rights or powers of the Beneficiary or the Trustee with respect to the remainder of such property, Trustee
<br />may (a) reconvey any part of such property, (b) consent to the making of any map or plat thereof, (c) join in
<br />granting any easement thereon, or (d) join in any extension agreement or any agreement subordinating the
<br />lien or charge hereof.
<br />12. Full Reconveyance: That, upon written request of Beneficiary stating that all sums secured hereby
<br />have been paid, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in
<br />such reconveyance of any matters of fact shall be conclusive proof of the truthfulness thereof. The grantee in
<br />such reconveyance may be designated as "the person or persons legally entitled thereto ". Such request and
<br />reconveyance shall operate as a reassignment of the rents, income, issues and profits hereinbefore assigned to
<br />beneficiary.
<br />13. Right to collect and Receive Rents and Profits: Notwithstanding any other provisions hereof,
<br />Beneficiary hereby grants permission to Trustor to collect and retain the rents, income, issues and profits of
<br />such property as they become due and payable, but reserve the right to revoke such permission at any time,
<br />with or without cause, by notice in writing to Trustor, mailed to Trustor at his last known address, in any
<br />event, such permission to Trustor automatically shall be revoked upon default by Trustor in payment of
<br />indebtedness secured hereby or in the performance of any Agreement hereunder. On any such default,
<br />beneficiary may at any time without notice, either in person, by agent, or by receiver to be appointed by the
<br />Court, and without regard to the adequacy of any security for the indebtedness secured hereby, enter upon
<br />and take possession of such property, or any part thereof, make cancel, enforce or modify leases; obtain and
<br />eject tenants, set or modify rents; in its own name sue or otherwise collect the rents, income, issues and
<br />profits thereof, including those past due and unpaid; and apply the same, less costs and expenses of operation
<br />and collection, including reasonable attorney's fees, upon any indebtedness secured hereby and in such order
<br />as Beneficiary may determine; and except for such application, Beneficiary shall not be liable to any person
<br />for the collection or non - collection of any rents, income, issues or profits, for the failure to assert or enforce
<br />any of the foregoing rights, nor shall Beneficiary be charged with any of the duties and obligation of a
<br />mortgage in possession. The entering upon and taking possession of such property, the collection of such
<br />rents, income, issues or profits, the doing of other acts herein authorized, and the application thereof as
<br />aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done
<br />pursuant to such notice.
<br />14. Hazardous Substances: The terms "hazardous waste ", "hazardous substance ", "disposal ",
<br />"release ", and " threatened release ", as used in this Deed of Trust, shall have the same meaning as set forth in
<br />the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. (" CERCLA "), the Superfund Amendments and Reauthorization Act of 1986,
<br />Pub. L. No. 99 -499 ( "SARA "),the Hazardous Materials Transportation Act, 49 U.S.C. Section 6901, et seq.,
<br />or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the foregoing.
<br />Trustor represents and warrants to Lender that: (a) During the period of Trustor ownership of the Property,
<br />there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of
<br />any hazardous waste or substance by any person on, under or about the Property; (b) Trustor has no
<br />knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged
<br />by Lender in writing, (i) any use, generation, manufacture, storage, treatment, disposal, release, or threatened
<br />release of any hazardous waste or substance by any prior owners or occupants of the Property or (ii) any
<br />actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as
<br />previously disclosed to and acknowledged by Lender in writing, (i) neither Trustor nor any tenant, contractor,
<br />agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of, or
<br />release any hazardous waste or substance on, under, or about the Property and (ii) any such activity shall be
<br />conducted in compliance with all applicable federal, state, and local laws, regulation and ordinances,
<br />including without limitation those laws, regulations, and ordinances described above. Trustor authorizes
<br />Lender and its agents to enter upon the Property to make such inspections and tests as Lender may deem
<br />appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections
<br />or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any
<br />responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for hazardous
<br />waste. Trustor hereby (a) releases and waives any future claims against Lender for indemnity or contribution
<br />in the event Trustor becomes liable for cleanup or other costs under any such laws, and (b) agrees to
<br />indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and
<br />expenses which Lender may directly or indirectly sustain or suffer resulting from a branch of this section of
<br />the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same
<br />was or should have been known to Trustor. The provisions of this section of the Deed of Trust, including the
<br />obligation to indemnify, shall survive the payment of the indebtedness and the satisfaction and reconveyance
<br />of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the
<br />Property, whether by foreclosure or otherwise.
<br />15. Judicial Foreclosure or Trustee's Sale on Default: Upon Default by Trustor in payment of any
<br />indebtedness secured hereby or in performance of any agreement hereunder or any agreement secured
<br />hereby, Beneficiary may declare all sums secured hereby immediately due and payable and, at the option of
<br />the Beneficiary, this Deed of Trust may be foreclosed in the manner provided by law for the foreclosure of
<br />mortgages on real property; or may be sold in the manner provided in the Nebraska Trust Deeds Act under
<br />the power of sale conferred upon the Trustee hereunder.
<br />8123.CV (8/14) 9160018
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